Have you or a family member recently been arrested for driving under the influence of alcohol or drugs, also known as a DUI, in the state of California? If so, contact our Orange County DUI lawyers now for a consultation to protect your legal rights. Our attorney can immediately advise you on how to communicate with investigators, insurance companies, and the various legal consequences following a conviction or a voluntary plea agreement.
DUI convictions in California can carry harsh penalties and steep fines. Besides dealing with legal charges, the DMV’s regulations can be extremely difficult to navigate alone. By calling to speak with an experienced Orange County DUI lawyer today, we may be able to keep you driving despite regardless of the charges pending. What’s more, our DUI lawyer know how to navigate both the Orange County Courts as well as the DMV to help you get your desired outcome.
Our attorneys recognize that being arrested for a DUI is a stressful, sometimes embarrassing experience. However, you do not have to face the situation alone. Our attorneys are experienced in representing those facing a DUI conviction, and we have a proven track record of effectively defending driving under the influence related charges. Depending on the circumstances, with a proper defense you may have your charges dismissed or reduced, avoiding the most severe legal consequences of a conviction.What are the California DUI laws?
Essentially, a person is usually charged for DUI related offenses under two California laws. First, under the California Vehicle Code Section 23152 (a), a person could be convicted of a DUI if the state can prove that the defendant at the time of the arrest was under the influence of alcohol or drugs such that their mental faculties were impaired and affected their ability to operate a motor vehicle.
There is not one single test that must be used by the officers involved under this statute to prove your intoxication. Often a field sobriety test at or above the legal threshold could strengthen the prosecutor’s case against you, but other evidence is permissible—such as the horizontal gaze nystagmus test (eye test). In other words, absent proof of a blood or breath test, you could still be convicted of a DUI, which is why it is important to contact a California DUI attorney to potentially prevent this type of evidence being used against you in court, depending on your arresting circumstances.
In addition, under California Vehicle Code Section 23152 (b), a person whose blood alcohol content level (B.A.C.) from the result of breathalyzer or blood test measures .08 percent or higher, could be convicted for driving with an excessive B.A.C.. However, our attorney recognizes that there have been several cases in which the defendant was able to escape a conviction because of errors such as faulty equipment or medical issues that caused the test to produce inaccurate results.I. Driving Under the Influence
- Applicable Laws
The following sections of the California Vehicle Code define the offense of Driving Under the Influence:
- California Vehicle Code §23152(a)
- California Vehicle Code §23152(b)
- Summary of § 23152(a), (b)
California Vehicle Code §23152 provides that a person, who drives a motor vehicle while under the influence of alcohol or drugs, commits the crime of driving under the influence. Section 23152 provides two separate ways by which the State may prove a misdemeanor DUI case and the State may charge a defendant with the offense of driving under the influence under either or both sections.
To prevail on a charge of DUI under subsection (a), the State must prove the following beyond all reasonable doubt:
- The defendant drove a motor vehicle and
- At the time of driving, the defendant was under the influence of alcohol
To prevail on a charge of DUI under subsection (b), the State must prove the following beyond all reasonable doubt:
- The defendant drove a motor vehicle and
- At the time of driving, the defendant had a blood alcohol concentration level of 0.08 or higher
The Orange County DUI Lawyer at the Johnson Criminal Law Group is proud to represent all those who have been charged with a DUI offenses. We understand that a DUI conviction can carry life-altering results. If you or a family member has been arrested for driving under the influence, get in touch with our staff as soon as possible after the arrest to ensure that your rights are protected. We can be reached by phone at (949) 622-5522, or you can send us a message online today.